[Federal Register Volume 71, Number 226 (Friday, November 24, 2006)]
[Notices]
[Pages 67918-67919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19793]


-----------------------------------------------------------------------

DEPARTMENT OF LABOR

Employment and Training Administration


Rodman Industries, Marinette, WI; Notice of Negative 
Determination Regarding Application for Reconsideration

    By application dated September 12, 2006 and by application dated 
September 18, a company official and United Steelworkers 12-14A, 
District 2, requested administrative reconsideration of the 
Department's negative determination regarding eligibility to apply for 
Trade Adjustment Assistance (TAA) and Alternative Trade Adjustment 
Assistance (ATAA), applicable to workers and former workers of the 
subject firm. The denial notice was signed on August 16, 2006 and 
published in the Federal Register on September 6, 2006 (71 FR 52584).
    Pursuant to 29 CFR 90.18(c) reconsideration may be granted under 
the following circumstances:
    (1) If it appears on the basis of facts not previously considered 
that the determination complained of was erroneous;
    (2) if it appears that the determination complained of was based on 
a mistake in the determination of facts not previously considered; or
    (3) if in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified reconsideration of the 
decision.
    The petition for the workers of Rodman Industries, Marinette, 
Wisconsin was denied because criteria (a)(2)(A)(I.B) and 
(a)(2)(B)(II.B) were not met. The negative determination was based on 
the findings that sales and production of particle board by the subject 
firm increased from 2004 to 2005 and from January through June of 2006 
when compared with the same period in 2005. The subject firm did not 
shift production to a foreign country during the relevant period.
    The petitioner provided additional information in the request for 
reconsideration. Review of the original investigation indicated that 
the subject facility ceased its production of particle board on August 
14, 2006. Therefore, sales and production at the subject firm

[[Page 67919]]

decreased absolutely during the relevant time period.
    The Department conducted a survey of the subject firm's major 
customers regarding their purchases of particle board and like or 
directly competitive products to particle board during the relevant 
time period. The survey revealed that none of respondents imported 
particle board and like or directly competitive products to particle 
board during the relevant time period. The investigation also revealed 
that the subject firm did not increase imports of particle board and 
there was no shift in production of particle board to a foreign country 
during the relevant time period.
    In order for the Department to issue a certification of eligibility 
to apply for ATAA, the worker group must be certified eligible to apply 
for TAA. Since the workers are denied eligibility to apply for TAA, the 
workers cannot be certified eligible for ATAA.

Conclusion

    After reconsideration, I affirm the original notice of negative 
determination of eligibility to apply for worker adjustment assistance 
for workers and former workers of Rodman Industries, Marinette, 
Wisconsin.

    Signed at Washington, DC, November 15, 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-19793 Filed 11-22-06; 8:45 am]
BILLING CODE 4510-30-P